This case has been cited 4 times or more.
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2007-12-17 |
CHICO-NAZARIO, J. |
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| In this regard, worth noting are the Supreme Court's pronouncement that, a medical examination and report is not indispensable to a conviction for rape. Thus, eventhough there was no evidence that [AAA's] hymen had old lacerations or that the spermatozoa found therein belonged to [appellant], still, the latter's conviction can still be sustained in that a medical report is even not necessary to prove that the crime of rape was committed.[47] (Emphasis supplied.) At any rate, the presence of old healed lacerations in the victim's hymen is irrelevant to appellant's defense. In the same way that their presence does not mean the victim was not raped recently, the absence of fresh lacerations does not negate rape either. Indeed hymenal laceration is not an element of the crime of rape.[48] | |||||